Air pollution
means the presence in the atmosphere of any air pollutant.

Air
pollutant means any solid, liquid or gaseous substance (including noise)
present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property
or environment.

Q2. What are objectives of the Air (Prevention
and Control of Pollution) Act 1981?

Answer
:

The objective
of this Act is to provide for the prevention, control and abatement of air
pollution, for the establishment, with a view to carrying out the
aforesaid purposes, of Boards, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters connected
therewith.

Decisions
were taken at the United Nations Conference on the Human Environment held
in Stockholm in June 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the
earth which, among other things, includes the preservation of the quality
of air and control of air pollution.

Therefore
it is considered necessary to implement the decisions aforesaid insofar as
they relate to the preservation of the quality of air and control of air
pollution.

The main
functions of the Central Board, as specified in Section 16 of the Act,
shall be :

To improve
the quality of air and to prevent, control or abate air pollution in the
country; and in particular, and without prejudice to the generality of the
foregoing functions, the Central Board, may

Advise
the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air
pollution.

Plan and
cause to be executed a nation-wide programme for the prevention, control
or abatement of air pollution.

Coordinate the activities of the State Boards and resolve disputes among
them.

Provide
technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of air
pollution and prevention, control or abatement of air pollution.

Plan and
organise the training of persons engaged or to be engaged in programmes
for the prevention, control or abatement of air pollution on such terms
and conditions as the Central Board may specify.

Organise
through mass media a comprehensive programme regarding the prevention,
control or abatement or air pollution.

Collect,
compile and publish technical and statistical data relating to air
pollution and the measures devised for its effective prevention, control
or abatement and prepare manuals, codes, or guides relating to
prevention, control or abatement of air pollution.

Lay down
standards for the quality of air

Collect
and disseminate information in respect of matters relating to air
pollution.

Perform
such other functions as may be prescribed, under Rules or under an
order.

In addition
to the above functions, the Central Board may establish or recognise a
laboratory or laboratories to enable the Central Board to perform its
functions under the Section efficiently, and it may

delegate
any of its functions under the Act generally or specially to any of the
Committees appointed by it; and

do such
other things and perform such other acts as it may think necessary for
the proper discharge of its functions and generally for the purpose of
carrying into effect the purpose of the Act.

Q4. What are the functions of the State Boards
under the Air Act 1981 ?

Answer
:

The
functions of the State Board, as specified in Section 17, shall be :

To plan
a comprehensive programme for the prevention, control or abatement of
air pollution and to secure the execution thereof

To
advise the State Government on any matter concerning the prevention,
control or abatement of air pollution

To
collect and disseminate information relating to air pollution.

To
collaborate with the Central Board in organising the training of persons
engaged or to be engaged in programmes relating to prevention, control
or abatement of air pollution and to organise mass-education programmer
relating thereto

To
inspect, at all reasonable times, any control equipment, industrial
plant or manufacturing process and to give by order, such directions to
such persons as it may consider necessary to take steps for the
prevention, control or abatement of air pollution.

To
inspect air pollution control areas at such intervals as it may think
necessary, assess the quality of air therein and take steps for the
prevention, control or abatement of air pollution in such areas.

To lay
down, in consultation with the Central Board and having regard to the
standards for the quality of air laid down by the Central Board,
standards for emission of air pollutants into the atmosphere from
industrial plants and automobiles or for the discharge of any air
pollutants into the atmosphere from any other source whatsoever not
being a ship or an aircraft

Provided
that different standards for emission may be laid down under this clause
for different industrial plants having regard to the quantity and
composition of emission of air pollutants into the atmosphere from such
industrial plants.

To
advise the State Government with respect to the suitability of any
premises or location for carrying on any industry which is likely to
cause air pollution.

To
perform such other functions as may be prescribed or as may, from time
to time, be entrusted to it by the Central Board or the State
Government.

To do
such other things and to perform such other acts as it may think
necessary for the proper discharge of its functions and generally for
the purpose of carrying into effect the purpose of the Act.

In addition
to the above functions, the State Board may establish or recognise a
laboratory or laboratories to enable the State Board to perform its above
functions efficiently.

Q5. What is the importance of Sections 19, 20,
21 and 22 of the Air Act ?

Answer
:

Section
19. Declaration of air pollution control area :

The Act has
provided for measures, which are

Preventive in nature, in the case of industries to be established

In the
case of industries already established they are remedial

The primary
responsibility of controlling air pollution is on the Board. The very
first measure to be adopted in the respect is the declaration of any area
or areas within the State as air pollution control area. The sub-section
thus provides that the State Government may, after consultation with the
State Board, by notification in the Official Gazette, declare in such
manner as may be prescribed, any area or areas within the State as air
pollution control area or areas for the purposes of the Act.

As regards
power to give instructions for ensuring standards for emission from
automobiles, Section 20 of the Act lays down that with a view to ensuring
that the standards for emission of air pollutants from automobiles laid
down by the State Board under clause (g) of sub-section(1) of Section 17
are complied with the State Government shall, in consultation with the
State Board, give such instructions as may be deemed necessary to the
concerned authority in charge of registration of motor vehicles under the
Motor Vehicles Act, 1988, and such authority shall notwithstanding
anything contained in that Act or the rules made thereunder be bound to
comply with such instructions.

Q6. What are the penalties for violation of
various provisions the Air Act 1981?

Answer
:

Section 37
Failure to comply with the provisions of section 21 or section 22 or with
the directions issued under section 31-A:

Whoever
fails to comply with the provisions of section 21 or section 22 or
directions issued under section 31-A, shall, in respect of each such
failure, be punishable with imprisonment for a term which shall not be
less than one year and six months but which may extend to six years and
with fine, and in case the failure continues, with an additional fine
which may extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure.

If the
failure referred to in sub-section(1) continues beyond a period of one
year after the date of conviction, the offender shall be punishable with
imprisonment with a term which shall not be less than two years but
which may extend to seven years and with fine.

Section 38
Penalties for certain acts :

Whoever

Destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up,
inscribed or placed, by or under the authority of the Board, or

Obstructs any person acting under the orders or directions of the Board
from exercising his powers and performing his functions under this Act,
or

Damages
any works or property belonging to the Board, or

Fails to
furnish to the Board or any officer or other employee of the Board any
information required by the Board or such officer or other employee for
the purpose of this Act, or

Fails to
intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the State Board or
the apprehension of such occurrence, to the State Board and other
prescribed authorities or agencies as required under Sub-Section(1) of
Section 23, or

In
giving any information which he is required to give under this Act,
makes a statement which is false in any material particular, or

For the
purpose of obtaining any consent under Section 21, makes a statement
which is false in any material particular,

shall be
punishable with imprisonment for a team which may extend to three months
or with fine which may extend to (ten thousand rupees) or with both.

Section 39
Penalty for contravention of certain provisions of the Act.

Whoever
contravenes any of the provisions of this Act or any order or direction
issued thereunder, for which no penalty has been elsewhere provided in
this Act, shall be punishable with imprisonment for a team which may
extend to three months or with fine which may extend to ten thousand
rupees or with both, and in the case of continuing contravention, with an
additional fine which may extend to five thousand rupees for every day
during which such contravention after conviction for the first such
contravention.

Q7. Can companies and government departments be
prosecuted under the Air Act ?

Answer
:

Yes. This is
provided under Section 40 and 41.

Section 40.
Offences by companies.

Where an
offence under this Act has been committed by a company, every person
who, at the time the offence was committed, was directly in charge of,
and was responsible to, the company for the conduct of the business of
the company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:

Provided
that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.

Notwithstanding anything contained in sub-section(1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.

Explanation
:

"Company" means any body corporate, and includes a firm or other
association of individuals; and

"Direction", in relation to a firm, means a partner in the firm.

Section 41.
Offences by Government departments :

Where an
offence under this act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly.

Provided
that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.

Notwithstanding anything contained in sub-section(1), where an offence
under this Act has been committed by a Department of Government and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
officer, other than the Head of the Department, such officer shall also
be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

Q8. What restriction does the Air Act impose on
private citizens with respect to courts taking offences under the Air Act?

Answer
:

Under this
Act:

No court
shall take cognizance of any offence except on a compliant made by any
person who has given notice of not less that sixty days, in the manner
prescribed, of the alleged offence and of his intention to make a
compliant to the Board or officer authorised by the Board.

No Court
inferior to that of a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence punishable under this Act.

Where a
compliant has been made by any private citizen the Board shall, on
demand by such person, make available the relevant reports in its
possession to that person.

The Board
may refuse to make any such reports available to such person if the same
is, in opinion, against the public interest.

Q9. What are the legal provisions under Indian
Law to control automobile pollution?

Answer
:

"Automobile" means any vehicle powered either by internal combustion
engine or by any method of generating power to drive such vehicle by
burning fuel.

Power to
give instructions for ensuring standards for emission from automobiles.

As regards
power to give instructions for ensuring standards for emission from
automobiles, Section 20 of the Act lays down that with a view to ensuring
that the standards for emission of air pollutants from automobiles laid
down by the State Board under clause(g) of Sub-section(1) of Section 17
are complied with, the State Government shall, in consultation with the
State Board, give such instructions as may be deemed necessary to the
concerned authority incharge of registration of motor vehicles under the
Motor Vehicles Act, 1988, and such authority shall notwithstanding
anything contained in that Act or the rules made thereunder be bound to
comply with such instructions.